I NVITATION TO B ID
The contracting entity named in the BDS invites tenders for the supply and delivery of the goods as described in Section VII. Government-owned or controlled corporations (GOCCs) may only be eligible to participate if they can establish that they (a) are legally and financially autonomous, (b) operate under commercial law, and (c) are not affiliated contractors in the contracting unit. . In the event that the subcontractor of the procuring entity is found not qualified, subcontractors of such part of the goods shall not be allowed.
Unless otherwise stated in the BDS, the financial component of the bid will contain the following:. Unless otherwise specified in the BDS, payment of the contract price shall be in Philippine pesos. Notwithstanding the issuance of the Notice of Award, award of contract is subject to the following conditions:
This contract shall be interpreted in accordance with the laws of the Republic of the Philippines. In the event that any subcontractor is found by the Procuring Entity to be ineligible, the subcontracting of such portion of the Goods shall be prohibited. The performance security will remain valid until the Certificate of Final Acceptance is issued by the Procuring Entity.
The supply of goods and/or the performance of services is carried out by the supplier in accordance with the timetable prescribed by the client in section VI. The Client will terminate this Agreement for default if any of the following conditions are met: All decisions recommended by the CTRC must be approved by the HoPE; and. h).
Delivery of the goods must be made by the supplier in accordance with the conditions specified in section VI. The goods remain at the risk and property of the supplier until their final acceptance by the procuring entity.
I NSTRUCTIONS TO B IDDERS
B ID D ATA S HEET
Government of the Philippines (GOP) through GAA 2020 worth ONE MILLION TWO HUNDRED 76. FIVE HUNDRED PESOS (PhP. 12.1(a)(ii) The Bidder's SLCC corresponding to the contract to be bid should have been completed within TWO (2) YEARS before Submission Deadline 16.1(b) Bid prices for goods delivered outside the Philippines must be quoted in Philippine pesos.
The amount of not less than PhP 25,530.00 [insert 2% of ABC], if the offer security is cash, cashier/manager's check, banker's draft/guarantee, or irrevocable letter of credit; or. License to operate, government accredited membership certificate and other appropriate licenses and permits relevant to the project.
G ENERAL C ONDITIONS OF C ONTRACT
Ten percent (10%) of the amount of each payment shall be retained by the Procuring Entity to cover the Supplier's warranty obligations under this Contract as described in GCC Clause 17. All costs for opening the LC and/or incidental expenses thereto shall be for the account of the Supplier. The performance security placed in favor of the Procuring Entity will be forfeited if the winning bidder is found to be in default in any of its obligations under the contract.
The performance security may be released by the contracting entity and returned to the supplier after the issuance of the certificate of final acceptance under the following conditions: Any document, other than this Contract itself, which is enumerated in GCC Clause 14.1, remains the property of the Procuring Entity and must be returned (all copies) to the Procuring Entity after the Supplier's performance under this Contract has been completed, if required by the contracting entity. . The ordering party must notify the supplier in writing and in a timely manner of the identity of any representatives retained for these purposes.
If carried out at the premises of the supplier or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be provided to the inspectors free of charge. The supplier agrees that neither the performance of the test and/or inspection of the goods or any part of them, nor the presence of the customer or his representative shall release the supplier from any guarantees or other obligations under this contract. The client will immediately notify the provider in writing of any claims from this warranty.
Arbitration may be commenced before or after delivery of the goods under this contract. The Supplier's liability under this contract is governed by the laws of the Republic of the Philippines, subject to any additional provisions set forth in the SCC. Before recovery can take place, the loss must be ascertained under oath by the Supplier to the customer's satisfaction before recovery can take place.
S PECIAL C ONDITIONS OF C ONTRACT
For the purposes of this article, the representative of the procuring entity at the project site is [insert name(s)]. The Contract Price for the Goods includes the prices charged by the Supplier for incidental services and shall not exceed the applicable rates charged by the Supplier to other parties for similar services. The Goods supplied under this Contract shall be fully insured by the Supplier in a freely convertible currency against loss or damage in connection with its manufacture or acquisition, transportation, storage and delivery.
If the Supplier is required under the Contract to deliver the Goods CIF, CIP or DDP, transportation of the Goods to the port of destination or other named place of destination in the Philippines as specified in this Contract shall be arranged and paid. at the Supplier's expense, and the costs thereof are included in the Contract Price. If the Supplier is required under this Contract to transport the Goods to a specified destination within the Philippines, defined as the Project Site, transportation to the destination in the Philippines, including insurance and storage, as specified in this Contract, are arranged by the Supplier and the associated costs are included in the Contract Price. Philippine registry provided that the supplier obtains a certificate for this from the nearest Philippine consulate to the port of shipment and submits it to the contracting authority.
The procuring entity assumes no responsibility for damage to goods in transit, beyond those prescribed by INCOTERMS for DDP deliveries. In the case of goods delivered from the Philippines or delivered by domestic suppliers, risk and title shall not be deemed to have passed to the customer until their receipt and final acceptance at the final destination. The Supplier must indemnify the Orderer against all third-party claims for infringement of patent, trademark or industrial design rights arising from the use of the goods or part thereof.
All joint venture partners are jointly and severally liable to the client."
S CHEDULE OF R EQUIREMENTS
T ECHNICAL S PECIFICATIONS
B IDDING F ORMS
- G ENERAL
- Scope of Bid
- Source of Funds
- Corrupt, Fraudulent, Collusive, and Coercive Practices
- Conflict of Interest
- Eligible Bidders
- Bidder’s Responsibilities
- Origin of Goods
- Subcontracts
- C ONTENTS OF B IDDING D OCUMENTS
- Pre-Bid Conference
- Clarification and Amendment of Bidding Documents
- P REPARATION OF B IDS
- Language of Bids
- Documents Comprising the Bid: Eligibility and Technical Components
- Documents Comprising the Bid: Financial Component
- Alternative Bids
- Bid Prices
- Bid Currencies
- Bid Validity
- Bid Security
- Format and Signing of Bids
- Sealing and Marking of Bids
- S UBMISSION AND O PENING OF B IDS
- Deadline for Submission of Bids
- Late Bids
- Modification and Withdrawal of Bids
- Opening and Preliminary Examination of Bids
- E VALUATION AND C OMPARISON OF B IDS
- Process to be Confidential
- Clarification of Bids
- Domestic Preference
- Detailed Evaluation and Comparison of Bids
- Post-Qualification
- Reservation Clause
- A WARD OF C ONTRACT
- Contract Award
- Performance Security
- Notice to Proceed
- Protest Mechanism
- Definitions
- Corrupt, Fraudulent, Collusive, and Coercive Practices
- Inspection and Audit by the Funding Source
- Governing Law and Language
- Notices
- Scope of Contract
- Subcontracting
- Procuring Entity’s Responsibilities
- Prices
- Payment
- Advance Payment and Terms of Payment
- Taxes and Duties
- Performance Security
- Use of Contract Documents and Information
- Standards
- Inspection and Tests
- Warranty
- Delays in the Supplier’s Performance
- Liquidated Damages
- Settlement of Disputes
- Liability of the Supplier
- Force Majeure
- Termination for Default
- Termination for Insolvency
- Termination for Convenience
- Termination for Unlawful Acts
- Procedures for Termination of Contracts
- Assignment of Rights
- Contract Amendment
- Application
We certify/confirm that we are in compliance with the eligibility requirements as per ITB Clause 5 of the Tender Documents. We also certify/confirm that the undersigned, [for sole proprietorships, please indicate: as owner and sole proprietor or authorized representative of the Bidder's Name, has full power and authority to participate, submit the bid and sign and executed the following contract, on behalf of the latter on behalf of the project, on behalf of the procuring entity]. THIS AGREEMENT entered into on the _____ day between [name of PROCUREMENT ENTITY] of the Philippines (hereinafter referred to as “Entity”) of the one part and [name of Supplier] of [City and Country of Supplier] (hereinafter referred to as “Supplier”) of the rest:
In consideration for the payments to be made by the Entity to the Supplier, as set forth below, the Supplier hereby enters into an agreement with the Entity to supply and remedy the defects in the goods and services, in accordance with the terms of the Contract . 4. The The Entity hereby undertakes to pay the Supplier in consideration for the delivery of the goods and services and for the remedying of defects therein, the Contract Price or such other amount as may become payable at the time of payment under the terms of the contract. time and in the manner prescribed by the contract. IN WITNESS WHEREOF the parties to this Agreement have caused this Agreement to be executed in accordance with the laws of the Republic of the Philippines on the day and year first specified above.
Name of Bidder] authorizes the Head of the Procuring Entity or his duly authorized representative(s) to verify all the documents submitted;. If a sole proprietorship: The owner or sole proprietorship is not related to the Head of the Procurement Entity, members of the Bid and Award Committee (BAK), the Technical Working Group, and the BAK Secretariat, the head of the Project Management Office. I/We accept that: (a) I/We shall be automatically disqualified from bidding for any contract with any procuring entity for a period of two (2) years after receipt of your Blacklist order; and, (b) I/we will pay the appropriate penalty provided in terms of section 6 of the guidelines on the use of bid security declaration, within fifteen (15) days from receipt of the written request by the procuring entity for the commission of acts to the enforcement of the bid security declaration under Sections 23.1(b) and 69.1, except 69.1(f), of the IRR of RA 9184; without prejudice to other legal steps that the government may undertake.
NFCC = [(Current assets - current liabilities) minus the value of all outstanding or uncompleted portions of the projects under ongoing contract, including awarded contracts not yet commenced that coincide with the contract to be bid. The values of the bidder's current assets and current liabilities shall be based on the data submitted to the BIR through its Electronic Filing and Payment System (EFPS). Attached herewith are certified copies of the tax return and the audited financial statements: stamped "RECEIVED" by the BIR-authorized debt collection agent for the immediately preceding year and the cash deposit slip or letter of commitment from an authorized bank to extend a line of credit.
